DIVORCE AMENDMENT BILL TABLED, WITH SIGNIFICANT IMPLICATIONS FOR MUSLIM MARRIAGES

DIVORCE AMENDMENT BILL TABLED, WITH SIGNIFICANT IMPLICATIONS FOR MUSLIM MARRIAGES

• 21 July 2023
• Parliament
• SA Legal Academy

A Divorce Amendment Bill has been tabled in Parliament with the aim of addressing widespread concerns about the vulnerability of women and minor children affected by the dissolution of a Muslim marriage.

Building on provisions in a piece of proposed new legislation tabled in December 2022 by Al Jama-ah leader Ganief Hendricks, the new Bill responds to a June 2022 Constitutional Court ruling by seeking to provide for:

• ‘the recognition of Muslim marriages as valid’
• measures to safeguard the interests of dependent and minor children
• the redistribution of assets following the dissolution of a marriage and,
• ‘the forfeiture of (the) patrimonial benefits of a Muslim marriage’.

Please click the links below for more information:

• Bill
• Constitutional Court ruling
• 2022 private member’s Bill

Published by SA Legal Academy Policy Watch

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